Advancing American Freedom (AAF), a conservative advocacy group led by former Vice President Mike Pence, has pressed the Supreme Court to uphold a law targeting TikTok. Opposing President-Elect Trump’s request that the Supreme Court delay the decision, Pence’s group’s call to action seeks to force the app’s Chinese parent company, ByteDance, to sell its stake or risk TikTok’s removal from app stores nationwide.
The law at the center of the dispute, the Protecting Americans from Foreign Adversary Controlled Applications Act, has drawn sharp criticism for what opponents describe as an infringement on constitutional freedoms. TikTok has pushed back strongly, arguing that the law violates First Amendment protections and due process rights. Following a recent ruling by the US Court of Appeals for the District of Columbia Circuit upholding the law, TikTok filed an emergency appeal to the Supreme Court.
In its 20-page amicus brief, AAF described TikTok as a national security threat, citing its ownership by ByteDance, which it claims is vulnerable to influence by the Chinese Communist Party (CCP).
We obtained a copy of the brief for you here.
Pence, in a statement accompanying the filing, characterized TikTok as “digital fentanyl” and called for decisive action to protect US citizens’ security and privacy.
“Our government’s first job is to defend our nation and its citizens. The Supreme Court should uphold the law forcing the sale of TikTok to protect the security and privacy of the American people,” Pence said.
However, TikTok and its advocates warn that enforcing the law could lead to consequences for millions of Americans. The company argues that a ban would harm its 170 million US users, including countless small businesses relying on the platform for growth and revenue.
Despite these objections, AAF maintains that TikTok’s ownership represents a significant risk. The group’s brief emphasizes Congress’ constitutional authority to safeguard national security, dismissing TikTok’s First Amendment defense by stating, “The First Amendment is not an open door to our adversaries, and there is no First Amendment that applies to the Chinese Communist Party.”
